Chapter Three

Practical Implementation of Compulsory Labor In Bonga Prison Center

3.1 Introduction
As we discussed in the previous chapter in principle compulsory labor is prohibited
in the International, Regional and National laws. However in exceptional circumstance
implemented by court order as form of punishment. For the implementation there are
standards has to be taken at the time of implementation. But those standard and treatment
does not get concentration by the concerned body, either by court or prison administration.by
this less performance of implementation prisoners will held for different maltreatment and
violation of right. In the practical activity those specified standards are not implemented, this
rough will going to crate gap between the law and the practice.

In this chapter we understand the practical implementation in Bonga prison center

with regard to the stipulated laws and regulations. For the accomplishment of this work
different concerned body are interviewed such as, prisoners, public prosecutor, judges and
police officers.

In Bonga prison center there are around 2320 number of prisoners are in the prison
center but only 6 prisoners are ordered by court for compulsory labor punishment. From those
prisoners 5 of them only interview. The let one prisoner can’t speak Amharic language by this
reason(communication problem)I can’t to make dialog with that person.

Those five prisoners are 1. Mr. Lema Kochito

2. Mr.Alemu Neguse

3. Mr. Tesfaw Abera

4. Mrs.Maleche Legese

5. Mr.Buzeneh Mamo

Then from public prosecutor and judges each of two person are interviewed .Namely, Mr mulat
Daniel, Mr.Berhanu Anteneh & Mr.Gethaun Kazintet,,Habibu Nurye are interviewed
respectively. In addition the police officers from the prison center explain the way, how to they
implement? I would like to say thanks for all above listed person for their free consent in order
to give data.
 Generally in this chapter we identify the practical activity with regard to implementation of
compulsory labor.by this juncture this help in order to analyses the practical problems
challenging the proper implementation of compulsory labor in the study area.

3.2. Factors Affecting the Proper Implementation Of Standards In Relation To

Treatment Of Prisoners Under Compulsory Labor In Bonga City Prison Center
3.2.1 Factor affecting by heath condition

 Prisoners
In the interview the first prisoner stated that in Bonga prison center there is no
consideration and evaluation before the involvement in work. This make if the
prisoner is ill and if they fail to perform the activity of the work what is commanded
from the prison administration they are considered as rebellion. Even the police office
does not manage any treatment in order to recovers from that pain.

The second prisoner stated that there is compulsory labor activity in the prison center.
However there is no any treatment and access of treatment in the institution. For example, if one
prisoner strictly affected by hard labor activity there is no immediate treatment from the prison
center. Because of this many prisoners condemned to work additional activity with their injury
and without suspension of sentence during illness.

The fourth prisoners stated that in the prison center we are affected by different disease
such as, Malaria, Typhoid, Typhus’s…etc. by this different health case if we fail to perform the
work order by the police officers they consider our refusal as a reason to escape from the penalty
.they does not observe to provide treatment. The rest prisoners idea and response also identical
with the above. Then after the interview of the prisoners other concerned body also try to explain
about the practical activity performed in prison center.

Especially when the work is need additional material for the protection from different
acids the prison center does not provide substance in order to prevent and protect our health from
different transmitted disease .so by this less protection of health condition mostly we are
affecting by the work. There is no access of material such as mask, glove by the absence of such
kind of material we are directly snach for different pain.

 Concerned body
 At the time of implementation the police is the close related concerned body for
the implementation of compulsory labor.as the police officer explain in the
implementation after the court order the prison center for the best performance of
decision the prison center justify by comparing the practice with the prison
administration regulation.by this virtue prisoner health condition have to be protected
and if any prisoners are in abnormal condition he have to get treatment and until
recovery of normal healthy condition does not obliged to work.
 Regard to court order
The First judge sated that the court presumes all Laws and treatments of
prisoners has to be respected and protected. If in the practical implementation those
criminal or other international standards are violated that fault is beyond prison
center. However regarding to their health the criminal code article 105 is provided if
person is falls in ill during the period of his sentence of compulsory labor, he shall not
be required to do any work until he recovers. That means have the right to stop
working until he recovers to his normal health condition.

3.2.2. Factor affecting by duration of time

 Prisoners
The third prisoner stated that the duration of the work period determined according
to the nature of job. For example if you have worked on agriculture worker you stay
until the work is done. This mean the duration of the work period is determined by
accomplishment of the work.
The fifth prisoner explains in the duration of time there is autocratic decision with
the police. Because they give command time to time without giving rest time except
at the time of lunch. Because of such inconvenience many prisoners held to health
problem and the duration of time have to give great attention.
 Concerned body
The second police stated that, working hour is not fixed. by this reason most of
time in practice we face to conflict with the prisoner.
 Regarding to working hour is also our problem the hour must be limited for
compulsory labor either it must regulated by employee and employer proclamation or
its own governing rule have to be enacted. But currently we are work by experience
or chronic not by legal standards.
 Regard to court order
The second judge says that practically most of the time duration of the time for
the compulsory labor is determined by the nature of work. Because for such rule time
does not determined and does not governed by law or other regulation.
Therefore if the work takes long time the duration also long and if the work
takes short time the duration also take short time.

3.2.3 Factor affecting by the type of works.

 Prisoners
The fourth prisoner stated that most of time we are commanded to work inside of
the prison. Such as fishing water, cleaning the ground, washing the bathroom and
adjusting the bed room Some times in the practical activity we are condemned to
wash the clothe of police officer and other concerned body clothe.
The second prisoners stated that we worked compulsively to the police. When the
police man buys stone for his house we are command to bring to his home.as well as
we work at the time of harvesting and coffee implantation.
Other type of work in Bonga prison particularly for the female prisoners the
fourth prisoner stated that most of the time we are work inside of the prison center.
Such as, cleaning the ground participate on food preparation……etc. However there
is no any circumstance to do outside the prison center.

 Concerned body
The first police stated that the type of compulsory labor executed by prisoners is
various developmental activities, agriculture, and construction. For example at the
time of Bonga University constructed many compulsory labor prisoners were
participated.
 Workers are building houses when the house is build. The mud is necessary to proper
making a hall when the road is mud, pouring sand, to engage in harvesting at
harvesting time. Cutting trees coffee gathering engage in Bonga prison center.
Generally the type of works can be any work which is important for the prison and
for the community such as agricultural works, sanitation, construction and road and
the like.
 Regard to court order
The first judges stated that when we order the person to do work in order to
settle the fine is by considering type of works which benefit the society or the
community. Even the law stipulate that the person settle the fine by doing work for
the state or for any public authority. This means the court order the prisoner in order
to protect public interest.

3.3. The way out (solutions for factors affecting prisoners)

3.3.1. Enact laws

In order to make well established prison center and to protect the right of prisoner’s law
and different regulation have to be enacted for the better performance of prison order.

When we say this in the practical activity the major problem faced by prisoners of
compulsory labor is cause of the nonexistence of legal order. For instance for factor affecting by
the duration of time as the police officer and judges stated, there is is no fixed time limitation for
their punishment, they work until the work is finalized if the workers unable to finish they will
stay on the work until they finished. Therefore the concerned bodies have to enact law that bind
the given order. If the legislative organ enacted such laws similar applicability of laws should be
existed among all prison centers.

3.3.2.

…….
3.4 Practice of compulsory labor in the prison
The second prisoner stated that, when the order comes from the prison, it is not possible to
refuse, especially if it is an emergency or an immediate job. However, if we continuing to refuse
we are also subject to beating, at that time, people do not even consider it a voluntary, ill-
healthier, child-adult, obedience-disobedience, there is no option, and they force to work
together.1

The public prosecutor stated that, Prisoners who refused to perform duty in response they lose
their bargaining power, gain no mercy, and do not get any permit, such as going to a bank, going
to a family, if any mourning, and losing any permission in general. 2 Nevertheless, if the prisoner
obeyed those compulsory labor orders by the prison, they will use any permit ion.3

The police stated that, if they did not work, we asked them why? Then if their cause is
convincing, the work will not work.4

As per the above interview, compulsory labor, impose only obligation without right that
means prisoners cannot refuse the order. Especially in case of urgent work, there is no option to
refuse, every one compelled to work without make a distinction with age, health condition and
consent of the wrong doer, here if any person under disobedience this person may lose numerous
rights such as Marcy and parole. In addition to this, the refused prisoners considered as a
rebellion and hate by the prison and also subjected flogging and torched because of his/her
refusal.

Hence by the above interview, according to the criminal code Article 95 there is implementation
of compulsory labor as criminal punishment in Bonga prison center. Many of prisoners penalizes
by compulsory labor because of incapacity to pay the fine punishment. However the specified
standard does not analysis at the time of implementation. For example, as per Article of 105 of

1
Interview with Mr, Alemu Neguse ,legal prisoner at Bonga Feb,2012
2
Interview with Mulat Daniel public prosecutor at Bonga courts. Feb,2012 EC
3
Ibid
4
Interview with Mr .Zenebe police at Bonga prison. Feb,2012 EC
criminal code there is suspension of sentence during illness, but there is no any consideration for
those sicken prisoners, if they refuse to work they are considered as rebellion.

 prisoners which does not condemned to do

The second police stated that, there are different ground that does not compel the prisoner to do.
Those grounds are clearly provided on the criminal laws and prisoners protection regulation. Due
to health condition (patient), age, physical infirmity or by any justiciable reason prisoners are not
condemned to work.5

By this juncture prisoner would be free from compulsory labor for the reason that they are
incompetent to do compulsory labor due to their health condition, age and physical infirmity but
others are forced to work.6

Hence based on the above interview, not all prisoners are subject for compulsory labor; some
prisoners are exempt from compulsory labor. Those prisoners free from compulsory labor are
disabled, elders and patients.

 Implementation of the criminal code provisions on compulsory labor in the study

area:

Law sets an alternative, either to pay the fine or compulsory. Nevertheless, in practice, there is
little compulsory labor. No matter by which the law recognize the punishment under the criminal
code of Ethiopia, but, there is no legal framework in order to implement those specified laws. It
is difficult to take action for the performance. It seems that there is a legal gap here. For this,
there must have been governmental organ that keeps the gap of the law and the practical
implementation. However, there is no any established organ.7 On the other hand, Compulsory
labor is set as an alternative to payment in cash but prisoners they often choose to pay a sum

5
Interview with Mr.Hilemelekot Zemedu,police at Bonga prison.Feb,2012
6
Ibid
7
Ibid
even if whatever they are poor they want to pay through borrowing money from other instead to
do compulsory labor.8

The Judge stated that, In relation to compulsory labor, I have never been experienced under day
to day activity of court order. However I think, it is hard to apply because. What types of work
order to compel it is not clearly identified as you have to work, when you have to work?, at what
time?, time duration? All those questions are undefined, here of to apply effectively the law has
a gap, so it is hard to apply.9

The first Judge stated that, when we punished the prisoners by money or fines, the ability to pay
have to be considered therefore, as the law stated the possibility to change fine punishment to
compulsory labor is if only the person is unable to pay the fine punishment it is the only ground.
Since many people penalize by fine however they pay the expected many.10

The third Judge stated that, When we see it the practical scenario, we see some illegitimate in the
courts. This means the Courts simply give the prisoner to the police without court decision while
Compulsory labor means a decision that given by the court but the practice in prison is contrary
to these stipulations.11

Okay, you have to work compulsory labor four days and five days, however, you will assign to
the police. Do the police do that? Where do you work? In the absence of any of them, the Court
will only ask the police to weather they work or not for those criminals.
This should not be. It must have its own work and the work should identify.12

work place, is he coming by car? You have to, if so that, which pay the transportation cost. Law
should determine all this.13

8
Ibid
9
Interview with Mr.Habibu Nuriye Judge at Bong court. Feb,2012, EC.
10
Interview With Mr.Getahun Kezintet, Judge at Bongs court,Feb,2012,EC
11
Ibid
12
Ibid
13
Ibid
The third public prosecutor stated that, the court should not reflect his own personal interest he
should interpret what the law say not what he think. The legislative body should indicate who
does it. Where do? In what circumstances?

The legislator should issue a directive that is about the type of situation.14

Not only the rule of law, but also everything required enforcing the law, the job must be strictly
conformity with human right without breaching dignity of the prisoner, In other words, if we
done in prison we are punish the person with two punishments.15

The second Judge stated that, Compulsory labor is only when the court makes a decision or the
length of the day when the court determines that it is a compulsory labor, However, Prisoners
who have detained have sentenced to imprisonment, not for compulsory labor. 16 Therefore, in
prison, they have to be punishing for arrest but they do not have to be compelling to work.17

Hence based on the above vast interview our criminal code as well as other laws promulgated in
sufficient manner even though the law speech many things in relation to compulsory labor are
not free from criticism because the criminal code merely put the possibility of imposing
compulsory labor as a substitution of fine and other scenario. However in the implementation of
such rule the provisions of criminal code are does not protected. According to the purpose of
criminal code of Article 1 it aim at the prevention of crimes by giving due notice of the crimes
and penalties prescribed by law. But on the compulsory labor the implementation consider as
revenge and that make the prisoners on difficult health, psychological effect.

As per article 95 of criminal code in default of the fine as Provided under article 93 and
94,the court shall order the criminal to settle the fine by doing work for the state or for any public
authority. However as the prisoner response some time they are compel to do for an individual
person for police, for prison managers and staffs. In order to make better implementation there

14
Interview with Mr.Berhanu Anteneh, public prosecutor at Bonga courts ,Feb ,2012 EC
15
Ibid
16
Ibid
17
Ibid
are specified condition for the suspension of enforcement of compulsory labor.18 According to
Article 97 of criminal code by reason of his poverty, his family obligation, his states of health or
for any good cause.at this time the court may order the suspension of the enforcement of
compulsory labor where the criminal unable to carry .out his obligation. But in the
implementation the reason of prisoners does not consider and if one prisoner is reuse to do work
by his health problem he is considered as rebellion. 53 The rule of suspension of sentencing during
illness also does not implemented in the prison as the law stipulates one prisoner does not
condemned to work at time of illness, he shall not be required to do any work until he recovers.
But practically the condemned to work without considering their health condition.

18
The criminal code of federal democratic republic of Ethiopia, Article 95.